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Saturday, June 27, 2015

How are HOAs akin to Amtrak?

In California, homeowners in common interest developments (CIDs) and homeowner associations (HOAs) live and die with the legislative intent of the Davis-Stirling Act. This law is just one of numerous state statutes throughout the USA that carry implicit delegations of legislative powers, perhaps contrary to the constitution, if you take the position of author George K. Staropoli, a notable writer on matters HOA.

Says Staropoli: "With respect to violations of the Constitution, the Supreme Court decision in DOT held 1) that private parties cannot draft agreements to circumvent the Constitution by declaring that an entity, specifically a corporation, is a private organization, 2) that such a determination is made by the courts based on the corporation’s functions, powers and authority, and 3) that in order for a private entity’s delegation of legislative authority to be constitutional, there must be control, supervision and accountability to the state. I have presented my case that, in the absence of explicit enabling acts, there is implicit unconstitutional delegation of legislative power to private HOAs, particularly in regard to legally binding rules, without accountability."

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by Canswerist® ▶ aka Altaloman®

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A 'moniker' for the 'social current see' about common interest developments, aka HOAs, or homeowner associations, also property owner associations (POAs). These communities, while private governments, function much like cities with more than 9 million residents in these localities in California. As such, ALTACITIES, "alternate cities," are larger than the combined populations of the four largest cities in the state, Los Angeles, San Diego, San Jose and San Francisco.